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21. Record of proceedings in this writ petition shows that, by order dated 13.07.2009, this Court appointed Adv. Smt. Merry George as an Advocate Commissioner to inspect the place with notice to the writ petitioner and submit a report within ten days. It was further ordered that it would be open to the parties to file work memo before the Commissioner.

22. On the basis of the said direction, the learned Advocate Commissioner has filed a report dated 17.08.2009 along with answers to the work memo submitted by the petitioner. In the report, the learned Advocate Commissioner has stated that the disputed property is on the western side of C3C3 road or Jawahar Nagar Colony road and respondent Nos.3 to 5 have their properties on its western side. Respondent Nos.3 and 4 have houses in their property and there is no residential building in the property of the 5 th respondent. In the property of the 3 rd respondent, there are two houses; one belongs to her daughter. It is reported that C3C3 road can be used as an alternative route to reach other parts of Kozhikode city and the road starts from Ashokapuram junction, which is situated in the Balan K. Nair road. The said road is on the eastern direction of NH 212 or Wayanad road. C3C3 road proceeds to the north and then takes a diversion in Kottaram junction towards the east and links with the mini bypass leading to NH 17. The disputed property is a major portion of a vacant land, which is in a triangular shape. The length of the western side of the disputed property is 30.5 metres measured from the drainage on the north-western side of Geetham building to the north-eastern side of 4th respondent's property. It is further reported that on the basis of the present situation, the assignment of the disputed property is not against public interest and respondents 3 and 4 and the daughter of the 3 rd respondent are the using pathway, for ingress and egress to their respective properties. There are two gates having a width of 2 metres and 1.25 metres, which open to the disputed property from the property of the 3rd respondent, which is used by her and her daughter, and it is connecting the pathway having a width of four feet. A three feet pathway is seen in front of the house of 4th respondent and there is a gate opening to the said pathway having a width of 2 metres. The said pathways are used by respondents 3 and 4 and daughter of the 3 rd respondent for their access to C3C3 road. There is no pathway in front of the 5 th respondent's property, but there is a gate having a width of 3 metres, which is closed and covered with bushes. The properties of respondent Nos.3 to 5 are separated by compound walls from each other. It is further reported that the assignment of disputed property is not causing any inconvenience to the public and for the time being, widening of the road is not necessary. The only visible nuisance reported is deposit of plastic waste and non degradable substances in the drainage though Corporation has annexed a warning board on the compound wall of the 3rd respondent's property.